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(영문) 인천지방법원 2016.06.15 2015가단65201
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is the Defendant’s child. The Defendant paid the maximum debt amount of KRW 150,00,000 to the Defendant’s apartment in the above auction procedure (Yecheon-gu D apartment 105, 504) but this is the Defendant’s right to collateral security without the Plaintiff’s permission on January 11, 201, using the Plaintiff’s custody of the Plaintiff’s seal imprint, establishing the right to collateral security of KRW 150,00,000 with the same content as that of May 15, 2012 again after cancellation of March 26, 2012. Even if it is valid for domestic affairs, the Plaintiff’s repayment of the secured debt to the Defendant, and thus, should delete the amount of KRW 75,814,656 distributed to the Defendant in the above auction procedure, and distribute it to the Plaintiff.

B. On November 14, 2006, the Defendant asserted that the Defendant sold the apartment in KRW 130,000,000 to E, and on December 2, 2006, purchased the apartment in this case from F in KRW 233,000,000, and actually paid KRW 75,254,600 (=the remainder of KRW 30,000,000 as down payment plus KRW 41,254,60). The Plaintiff completed the registration of ownership transfer with respect to the apartment in this case on condition that the Plaintiff reimburses the Defendant of KRW 75,254,60.

In order to secure KRW 50,00,00 from October 3, 2006 to October 15, 2010, the Plaintiff granted a comprehensive right of representation by granting to the Defendant a seal imprint certificate and resident registration certificate necessary for the creation of the right to collateral security to secure KRW 75,254,600, and KRW 50,000 from October 206 to October 201, the Defendant completed the registration of the establishment of the right to collateral security on behalf of the Plaintiff on behalf of the Plaintiff for the purpose of cancelling the said right to collateral security on behalf of the Plaintiff, on condition that the said apartment was leased to G, and cancelled the said right to collateral security on the condition that the said right to collateral security was created on May 15, 2012.

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